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FLORIDA ENGINEERS MANAGEMENT CORPORATION vs FRED JONES, P.E., 08-006239PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-006239PL Visitors: 20
Petitioner: FLORIDA ENGINEERS MANAGEMENT CORPORATION
Respondent: FRED JONES, P.E.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Bradenton, Florida
Filed: Dec. 16, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 29, 2009.

Latest Update: Dec. 23, 2024
Dec 16 2008 10:19 DEC-16-2665 11:16 From: 18585216521 Pase:6°37T Feb 15 2006 10:06 Fax sent by : 8565210521 FL BOARD 42-15-86 10:68 Pg: 216 e we STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA ENGINEERS i MANAGEMENT CORPORATION, Petitioner, v. FEMC Case No. 03-0055 FEC Case We. 0 ey 3 at FRED C. JONES, P.E, PME COS ONY Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation, hereinafter referred to as _ “Petitioner,” and files this Administrative Complaint before the Board of Professional Engineers against Fred C, Jones, P,.E., hereinafter referred to as “Respondent”. This Administrative Complaint is issued pursuant to Sections 120.60 and 471.038, Florida Statutes. Any proceeding concerning this complaint shall be conducted pursuant to Section 120.57, Florida Statutes. In support of this complaint, Petitioner alleges the following; 1. Petitioner is charged with providing administrative, investigative, and prosecutorial services to the Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (1997). The Board of Professional Engineers is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. 2, Respondent is and has been at all time material hereto a licensed professional engineer in the State of Florida, having been issued license number PE 54476. Respondent's last knowi address is 915 29" Avenue West, Bradenton, Florida 34205. Dec 16 2008 10:19 DEC-16-2665 11:17 From: 18585216521 Page: 7“37T Feb 15 2006 10:07 Fax sent by : 8589210521 FL BOARD 42-15-86 18:08 Pg: 3/16 S w UNT ONE 3. Petitioner realleges and incorporates paragraphs one (1) and two (2) as if fully set forth in this Count One. 4 Respondent is the engineer of record for a project hereinafter referred as the Hampton Homes. 5, The Florida Home Maintenance project drawings contain structural deficiencies, including but not limited to, the following: a. The design dead loads and the live loads are not specified, b. The specifications for the roof coverings, masonry and other structural notes are incomplete. c. The schedule for the pre-cast lintels are not provided, d. The design wind uplift pressures are not calculated and specified on the drawings. & The soil conditions are not described on the drawings. f. The roof support details at the front and rear porches and at the garage doors and also the details of the front porch columns are not provided, g. A site plan required by Section 104,2.4 of the Florida Building Code is not provided. 6. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering. COUNT TWO 7, Petitioner realleges and incorporates paragraphs one (1) and two (2) as if fuly set forth in this Count Two. FBMC y. Frod C Jones, P.E., Case # 03-0055 2 Dec 16 2008 10:19 DEC-16-2665 11:17 From: 18585216521 Page: 8/37 Feb 15 2006 10:07 Fax sent by | 6595210521 FL BOARD @Z-15-86 18:88 Pg: 4/16 8. Respondent is the engineer of record for a project hereinafter referred as the 12331 Golf Course Road (Hampton Houses), 9, The Respondent’s 12331 Golf Course Road project drawings contain structural deficiencies, including but not limited to, the following: a, The roof covering specifications are incomplete as per section 1507 of the Florida Building Code. b. Respondent failed to provide the roof diaphragm calculations. It appears that the wind loads based upon a “partially enclosed” building are to high to be resisted by the nailing pattern provided, G The detailed masonry specifications including the mortar type, horizontal joint reinforcement, grade of concrete masonry units etc. are not provided. The requirement of the inspections for the masonry is not specified. The splice lengths of the bond beam reinforcement for tension, compression, intersections and comers are not specified. The masonry design could also not be accurately checked because of the lack of specifications. 4. The pre-cast lintet for the span of 22’-8” is inadequate. Respondent failed to provide structural calculations in order to check the garage lintel for a span of 17°-4". The safe load specified in the table is 911 Ibs. for 17°4” span lintel. However, the table does not provide any information regarding the capacity of the lintel for the lateral forces. ®, The size and spacing of the wood studs aré‘not specified to check compliance with table 2308.1A of the Florida Building Code. f. The reinforcement of the thickened edge under the load bearing wood stud at the garage is not specified. FEMC v, Fred C. Jones, PE.; Case # 03-0055 3 Dec 16 2008 10:19 DEC-16-2665 11:17 From: 18585216521 Page: 9°3T Feb 15 2006 10:07 Fax sent by | 85685210521 FL BOARD 82-15-86 18:61 Pg: 5/16 10. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering. COUNT THREE H, __ Petitioner realleges and incorporates paragraphs one (1) and two (2) as if fully set forth in this Count Three. 12. The Respondent personally performed plans review and. inspections on his Hampton Homes and 12331 Golf Course Road (Hampton Houses) projects. 13. Section 553.791(3), Florida Statutes, states a private provider may not provide building code inspection services upon any building designed or constructed by the private provider or the private provider’ s firm. 13. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(a), Florida Statutes, by violating any provision of Chapter 471, Florida Statutes. WHEREFORE, the Petitioner respectfully requests the Board of Professional Engineers to enter an order imposing one or more of the following penalties: permanent revocation of suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case, other than costs FEMC v. Fred C. Jones, P.E., Case # 03-0055 4 Dec 16 2008 10:20 DEC-16-2665 11:17 From: 18585216521 Page: 18°37 Feb 15 2006 10:08 Fax sent by | 9585218521 FL BOARD 62-15-86 16:61 Pg: 6716 associated with an attomey’s time, as provided for in Seotion 455.227(3), Florida Statutes, and/or any other relief that the Board deems appropria’ SIGNED this £9 ay of green. , 2005. hief Prosecuting Attormey COUNSEL FOR FEMC: Douglas D. Sunshine Prosecuting Attorney Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303 Florida Bar No. 935263 DDS/tb PCP; October 2, 2003 September 16, 2005 PCP Members: Matthews, Burke, Seckinger FILED Oepartment of Business and Professional Regutstion AGENCY CLERK ask Soph 2. Werboron oare_//- AY- OS FEMC v, Fred C. Jones, PE, Case # 03-0055 5

Docket for Case No: 08-006239PL
Issue Date Proceedings
Jun. 29, 2009 Order Closing Files. CASE CLOSED.
Jun. 24, 2009 Notice of Substitution of Counsel filed.
Jun. 24, 2009 Motion to Cancel Hearing and to Close File filed.
May 28, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for August 17 through 21, 2009; 9:30 a.m.; Bradenton, FL).
May 22, 2009 Motion to Continue Hearing filed.
May 22, 2009 CASE STATUS: Motion Hearing Held.
Mar. 05, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 1 through 5, 2009; 9:30 a.m.; Bradenton, FL).
Mar. 02, 2009 CASE STATUS: Motion Hearing Held.
Feb. 27, 2009 (Proposed) Order on Motion to Continue Final Hearing filed.
Feb. 27, 2009 Motion to Continue Final Hearing filed.
Feb. 26, 2009 Notice of Transfer.
Dec. 17, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 10 through 12, 2009; 9:00 a.m.; Bradenton, FL).
Dec. 17, 2008 Order of Consolidation (DOAH Case Nos. 08-3967PL, 08-6238PL, 08-6239PL, 08-6240PL, 08-6241PL and 08-6242PL).
Dec. 16, 2008 Initial Order.
Dec. 16, 2008 Election of Rights filed.
Dec. 16, 2008 Administrative Complaint filed.
Dec. 16, 2008 Joint Motion for Continuance and to Reschedule Consolidated Hearing filed.
Dec. 16, 2008 Agency referral filed.
CASE STATUS: Motion Hearing Held.
Source:  Florida - Division of Administrative Hearings

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